Academy of Our Lady of Peace v San Diego

United States District Court, S.D. California. No. 09cv962-WQH-AJB.
April 1, 2010

The court rejected summary judgment and injunctive relief motions by a religious school (OLP) that alleged the City’s refusal to issue permits for “modernization” of the school was a violation by the City of the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. § 2000cc, et seq. The City’s denial of permits was based in part on the school’s plan to demolish two historic houses. The parties agreed that RLUIPA applies. The court found that OLP demonstrated as a matter of law that the proposed construction of a classroom building fits within RLUIPA’s definition of “religious exercise”. But “in light OLP’s successful operation of the school for many years at or near its current and projected enrollment” and the fact allowing the historic buildings to stand would not require any decrease in enrollment, the court concluded that OLP failed to show that it is entitled to judgment as a matter of law as to whether the City imposed a “substantial burden” on OLP’s religious exercise.

Amending Massachusetts Restrictions

Amending Massachusetts Preservation and Conservation Restrictions, a detailed analysis of laws to be aware of when considering an amendment to a Massachusetts preservation or conservation restriction, is being updated and revised for 2015. The article will be unavailable until the revisions are completed in early 2015, in preparation for presentation at a workshop at the 2015 Massachusetts Land Trust Coalition Conference.

Got news?

Submit news about relevant court decisions by emailing to jbockian@bockianlaw.com with "PLD" in the subject. Please include your name. Items that are used by PLD will be attributed unless you request otherwise.

To Subscribe:

Click the Reader, Email or Comments button at the top right of this page to select how you want to get the latest feed from PLD. Click here for Feedly reader: